Recent Top 10 Papers by Download for SSRN eJournal: LSN: Contracts (Topic)http://papers.ssrn.com/sol3/JELJOUR_Results.cfm?form_name=journalBrowse&journal_id=912340
LSN: Contracts (Topic) SSRN content as of May 03, 2016en-us{ts '2019-01-21 22:39:51'}SSRN RSS Generator 1.0editor@ssrn.comwebmaster@ssrn.comMajor League Soccer as a Case Study in Complexity Theoryhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2745512
Steven A. BankTotal New Downloads: 412 :: Major League Soccer has long been criticized for its “Byzantine” roster rules and regulations, rivaled only by the Internal Revenue Code in its complexity. Is this criticism fair? By delving into complexity theory and the unique nature of the league, this Article argues that the traditional complaints may not apply in the context of the league’s roster rules. Effectively, critics are applying the standard used to evaluate the legal complexity found in rules such as statutes and regulations ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2745512Algorithmic Contractshttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2747701
Lauren Henry ScholzTotal New Downloads: 147 :: Algorithmic contracts are contracts in which an algorithm determines a party’s obligations. Some contracts are algorithmic because the parties used algorithms as negotiators before contract formation, choosing which terms to offer or accept. Other contracts are algorithmic because the parties agree that an algorithm to be run at some time after the contract is formed will serve as a gap-filler. Such agreements are already common in high speed trading of financial products and will soon spread ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2747701The Logic of Contract in the World of Investment Treatieshttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748852
Julian AratoTotal New Downloads: 136 :: Investment treaties protect foreign investors who contract with sovereign states. It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice. While investment treaties clearly apply to contracts in some way, they are silent as to how these instruments ultimately interact. Moreover, arbitral jurisprudence has varied wildly on this point, creating significant problems ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748852(Mis)perceptions of Law in Consumer Marketshttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2744758
Oren Bar-Gill and Kevin E. DavisTotal New Downloads: 115 :: There are good reasons to believe that consumers’ behavior is sometimes influenced by systematic misperceptions of legal norms that govern product quality. Consumers might misperceive specific rules, such as those found in food safety regulations, as well as more general standards, such as the unconscionability doctrine or limitations on waivers of default substantive or procedural rights. When demand is affected by systematic misperceptions of legal norms, lawmakers may be able to maximize ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2744758Contract as Empowermenthttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2755683
Robin Bradley KarTotal New Downloads: 114 :: This Article offers a novel interpretation of contract law, which I call “Contract as Empowerment”. On this view, contract law is neither a mere mechanism to promote efficiency nor a mere reflection of any familiar moral norm — such as norms of promise keeping, property, or corrective justice. Contract law is instead a mechanism of empowerment: it empowers people to use legally enforceable promises as tools to influence other people’s actions and thereby meet a broad range of human needs and ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2755683Illegality as a Defence in Contracthttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2758797
Andrew BurrowsTotal New Downloads: 111 :: The English law on illegality as a defence across the law of obligations is in a mess. There have been three recent UK Supreme Court decisions (and we await another) which have, so far, failed to cut through the difficulties. This paper focuses on the core question as regards illegality as a defence in contract: which is, what is the impact of criminal conduct on the enforceability of a contract? It begins by explaining why illegality is such a difficult topic. It goes on to draw a critical ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2758797The Rise of the Platform Economy: A New Challenge for EU Consumer Law?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2754100
Christoph Busch, Hans Schulte-Nölke, Aneta Wiewiórowska-Domagalska and Fryderyk ZollTotal New Downloads: 89 :: The aim of this paper is to reflect upon the need to adjust EU consumer contract law to take into account the changing market structure caused by the rise of online platforms such as Airbnb, Uber or Amazon Marketplace. It is argued that the existing regulatory framework is primarily focused on ‘bipolar’ transactions between businesses and consumers, and therefore does not provide adequate solutions for the growing number of ‘triangular’ transactions arising in the new platform economy. As a ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2754100Farewell to Unjustified Enrichment?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2740322
Nils JansenTotal New Downloads: 76 :: The purpose of the paper is to make accessible, to an English-speaking audience, the historical background and present state of unjustified enrichment theory in the German-speaking civilian legal systems – i.e. in Austria, Germany, and Switzerland. The German law of unjustified enrichment has grown from two intellectually separate roots. These different legal ideas were interwoven during the 19th century by the German Pandectists. During the 20th century, it appeared that these ideas did not ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2740322The Common Law of Contract and the Default Rule Projecthttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2741812
Alan Schwartz and Robert E. ScottTotal New Downloads: 75 :: The common law developed over centuries a small set of default rules that courts have used to fill gaps in otherwise incomplete contracts between commercial parties. These rules can be applied almost independently of context: the market damages rule, for example, requires a court only to know the difference between market and contract prices. When parties in various sectors of the economy write sales contracts but leave terms blank, courts fill in the blanks with their own rules. As a ...]]>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2741812